12 U.S. Code § 4119 - Definitions

(1)The term “eligible low-income housing” means any housing financed by a loan or mortgage—

(A)that is—

(i)insured or held by the Secretary under section
1715l(d)(3) of this title and receiving loan management assistance under section
1437f of title
42 due to a conversion from section
1701s of this title;

(ii)insured or held by the Secretary and bears interest at a rate determined under the proviso of section
1715l(d)(5) of this title;

(iii)insured, assisted, or held by the Secretary or a State or State agency under section
1715z–1 of this title; or

(iv)held by the Secretary and formerly insured under a program referred to in clause (i), (ii), or (iii); and

(B)that, under regulation or contract in effect before February 5, 1988, is or will within 24 months become eligible for prepayment without prior approval of the Secretary.

(2)The term “Federal cost limit” means, for any eligible low-income housing, the amount determined under section
4105(a) of this title.

(4)The terms “low-income families or persons” and “very low-income families or persons” mean families or persons whose incomes do not exceed the respective levels established for low-income families and very low-income families, respectively, under section
1437a(b)(2) of title
42.

(5)The term “moderate-income families or persons” means families or persons whose incomes are between 80 percent and 95 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families.

(B)has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual;

(C)complies with standards of financial accountability acceptable to the Secretary; and

(D)has among its principal purposes significant activities related to the provision of decent housing that is affordable to very low-, low-, and moderate-income families.

(7)The term “owner” means the current or subsequent owner or owners of eligible low-income housing.

(8)The term “preservation equity” means, for any eligible low-income housing—

(A)for purposes of determining the authorized return under section
4104(a) of this title and providing incentives to extend the low-income affordability restrictions on the housing under section
4109 of this title—

(i)the preservation value of the housing determined under section
4103(b)(1) of this title; less

(ii)any debt secured by the property; and

(B)for purposes of determining incentives under section [1] 4110 and 4111 of this title and determining the amount of an acquisition loan under the provisions of section
1715z–6(f)(3)[2] of this title—

(i)the preservation value of the housing determined under section
4103(b)(2) of this title; less

(ii)the outstanding balance of the federally-assisted mortgage or mortgages for the housing.

(9)The term “preservation value” means, for any eligible low-income housing, the applicable value determined under paragraph (1) or (2) of section
4103(b) of this title.

(10)The term “Secretary” means the Secretary of Housing and Urban Development.

“(4)(A) The term ‘low-income tenants’ means families or persons with incomes that exceed 50 percent of the median income for the area (as determined by the Secretary with adjustments for family size) but do not exceed 80 percent of the median income for the area (as determined by the Secretary with adjustments for family size).

“(B) The term ‘very low-income tenants’ means families or persons with incomes that are less than or equal to 50 percent of the median income for the area (as determined by the Secretary with adjustments for family size).” See Effective and Termination Dates of 1994 Amendment note below.

1992—Par. (1)(A)(i). Pub. L. 102–550, § 310, substituted “receiving loan management assistance under section
1437f of title
42 due to a conversion from section
1701s of this title” for “assisted under section
1701s of this title or section
1437f of title
42”.